Rep. Chu Reacts to New DOJ Profiling Guidelines

Press Release

Today, Attorney General Eric Holder released new profiling guidelines for federal law enforcement agencies. Building on the Department of Justice's (DOJ's) 2003 Racial Profiling Guidance, the updated guidelines expand the definition of profiling--which has been defined on the basis of race and ethnicity--to now include national origin, religion, gender, sexual orientation, and gender identity. These rules will require data collection, monitoring, and training for federal law enforcement officials. The guidelines will also cover certain local and state officers serving on joint task forces alongside federal agents.

In recent years, Rep. Judy Chu (CA-27), who sits on the House Judiciary Committee, has continually pressed Attorney General Holder for updated DOJ profiling guidance in numerous letters, meetings, and hearings to prohibit profiling based on religion and national origin and to close loopholes that allow law enforcement to profile at airports and at the border. Rep. Chu released the following statement:

"Updating the racial profiling guidance comes at a crucial time when communities of color are increasingly feeling that they are being treated differently by law enforcement and before the law. These changes are a positive step forward in that religion and national origin are included in the definition of profiling and that data collection and enhanced training will be required.

"However, I still have serious concerns about the remaining loopholes for the Federal Bureau of Investigation, the Transportation Security Administration and Customs and Border Protection that permit continued use of biased-based profiling. These entities would have a license to profile racial, religious and other minorities at our airports and borders under certain national security contexts. Law enforcement's practice to map entire communities based on their race, ethnicity or religion would be allowed to continue. These gaps are very troublesome for the American Muslim, Sikh, and South Asian communities, who are increasingly subject to this type of surveillance. Our work is not done here. I will continue to work with the Department of Homeland Security to effectuate meaningful change and stronger protections for these communities."

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